Digest:A judge may not use a movie pass given to the judge by the lessees of a
group assisted by the judge when the judge occupied a previous political
position.

Rules:22 NYCRR 100.2

Opinion:

A judge inquires whether he or she may utilize an admission card which would
allow the judge to pay only one dollar for entrance to a movie; the usual cost
currently is $7.50. Prior to taking the bench, the judge held a political office that
impacted upon the acquisition of the premises where the cinema complex was built.
The premises were thereafter leased to the donor of the card. The inquirer notes
that the “operators of the movie theater... do not have any matters pending in my
court.”

Although there is no specific prohibition, on balance, there appears to be a
sufficient appearance of impropriety so that the judge should not utilize the
admission card.

The admission card is essentially a gift to the judge and represents a benefit
each time it is used. It is but a small, reasoned step from knowledge of the gift to
the assumption that there is a special or influential relationship between the donor
and the receiver of the gift. The committee notes that it is not relevant that the
theater operators currently have no matters pending in the judge’s court, since it
does not appear that the admission card has any expiration date.